However, J&J Sweet Tooth II has since failed to remit the monthly payments due, according to the complaint filed Oct. 3 in Madison County Circuit Court.

"After allowing all just payments, credits, and set-offs, there is currently due and owing under the Promissory Note the following as of September 26, 2011: Principal: $377,496.62; Interest: $1,572.03; Late charges: $8,106.98; Expenses: $1,039.95; Attorney's fees: $3,500 for a total of $391,715.48," the suit states.

In addition to J&J Sweet Tooth, CIT names Joyce L. Pecina as a defendant, saying she promised to repay the money if J&J defaulted on the loan. However, she failed to do so, the complaint says.

In addition to the money it says it is owed, CIT is seeking interest, costs, attorney's fees and other relief the court deems just.